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(영문) 춘천지방법원 2017.05.26 2016고합101
준강간미수
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 31, 2016, the Defendant, at around 06:00 on 06:0, Chuncheon, as the victim E (28 taxes, women) and the victim’s friendship F, had a mind that the Defendant would engage in sexual intercourse with the victim who was under the influence of alcohol and was under the influence of alcohol at the ward, and used the victim’s her chest and her fm with his her finger and panty in his kne, and did not go off the victim’s kne and her knee, and was on the part of the victim’s body, and was on the part of the victim’s kne and panty, and was on the part of the victim’s body, but did not go through the wind discovered to F.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (the friendly G telephone investigation by the complainant), a record recording, and a report on the preparation of a record;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order or a notification order, and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of criminal punishment for previous sexual crimes, etc.; the sexual crime of this case is not a crime against unspecified persons; the execution of a sentence ordered by this court; the registration of personal information; and the completion of a sexual assault treatment program may prevent the Defendant from repeating the crime to a certain extent;

The Defendant’s age, family environment, social relationship, occupation, and circumstances and results of the instant crime, including the fact that it appears.

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